These Terms of Service ("Terms," "Agreement") constitute a binding legal agreement between you ("you," "User," "Landlord") and RentalGuards LLC, a New York limited liability company ("RentalGuards," "we," "us," "our"). By accessing, downloading, installing, or using the RentalGuards application, website, or any related service (collectively, the "Service"), you agree to be bound by these Terms.
If you do not agree to these Terms, do not access or use the Service.
These Terms include a binding arbitration agreement and class action waiver in Section 17 that affect your legal rights. Please read them carefully.
For purposes of these Terms:
"Account" means the user account you create to access the Service.
"Applicant" means a prospective tenant whose documents or information you upload to the Service for analysis.
"Automated Document Analysis" means the application of artificial intelligence and other automated processes to documents you upload, for the purpose of evaluating document integrity and authenticity.
"Credits" means the prepaid units used to access Guardian scans and features within the Service.
"Customer Data" means any data, content, files, documents, images, or information you or any Applicant submits to or generates through the Service, excluding aggregated, anonymized data.
"Guardian" means the Service's AI-powered analysis features, including the Fraud Guardian, Maintenance Guardian, and Finance Guardian.
"Service" means the RentalGuards software application, website, application programming interfaces, mobile applications, and all related services and features provided by RentalGuards.
By using RentalGuards, you accept these Terms. You also agree to receive contracts, notices, and disclosures from us electronically — by email or in the app — instead of on paper.
You accept these Terms by (a) creating an Account, (b) clicking "I Agree" or any similar acknowledgment, or (c) accessing or using the Service. If you accept these Terms on behalf of an entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
You consent, under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and any analogous state law, to receive all communications, agreements, notices, disclosures, and other records (collectively, "Communications") from RentalGuards electronically. You may withdraw this consent by deleting your Account, but doing so will terminate your ability to use the Service. You are responsible for maintaining a working email address on file and for ensuring you can access PDF and HTML files.
You must be 18 or older. RentalGuards is not designed for children, and we do not knowingly collect data from anyone under 18.
You must be at least 18 years of age to create an Account or use the Service. By accepting these Terms, you represent and warrant that you are at least 18 years old.
The Service is not directed to children under 18 and is not designed to collect personal information from children. We do not knowingly collect personal information from anyone under 18. If we learn that we have collected personal information from a child under 18, we will delete that information promptly. If you believe a child under 18 has provided personal information to us, please contact privacy@rentalguards.com.
You're responsible for keeping your account credentials secure and for everything that happens under your Account. Tell us right away if you think someone got in.
To use the Service, you must register an Account and provide accurate, current, and complete information. You agree to keep your Account information current.
You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to (a) use a strong, unique password for the Service, (b) not share your credentials with any third party, (c) notify RentalGuards immediately at security@rentalguards.com of any unauthorized access or suspected breach.
RentalGuards employs reasonable security measures including: passwords stored only as bcrypt hashes; rate limiting on login attempts; account lockout after repeated failed authentication; secure session handling. Notwithstanding these measures, no online service is completely secure, and you use the Service at your own risk.
Each User may maintain one Account unless RentalGuards expressly authorizes otherwise. RentalGuards reserves the right to suspend or terminate duplicate Accounts.
RentalGuards uses AI to analyze documents you upload — to spot forgery, estimate maintenance needs, or organize finances. We give you decision support. You make the decisions. Always.
The Service consists of three primary AI-powered analysis tools:
Each Guardian provides decision support information only. RentalGuards does not make, recommend, or render any tenancy, leasing, financial, or property-management decision. Specifically:
(a) Fraud Guardian outputs are technical assessments of document integrity. They are not recommendations to rent, deny, approve, decline, evict, or otherwise treat any Applicant in any particular manner;
(b) Maintenance Guardian outputs are estimates and suggestions. They are not professional engineering, contracting, or building-science opinions;
(c) Finance Guardian outputs are organizational and categorization aids. They are not accounting, tax, or financial advice.
You are the sole decision-maker for all tenancy, financial, maintenance, and property-management decisions in your business.
Outputs from any Guardian are automated estimates produced by artificial intelligence. They are not forensic document examinations, expert reports, certified inspections, or evidence suitable for use in legal proceedings, court filings, eviction actions, or administrative hearings. If you require a forensic document examination, certified property inspection, or expert opinion for any legal purpose, you must engage a qualified human professional.
Fraud Guardian performs Automated Document Analysis on documents you submit. Its output describes the document — not the Applicant — and is intended to support your evaluation of document integrity. RentalGuards does not produce consumer reports, does not perform investigative consumer reporting, and is not a consumer reporting agency under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., or any analogous state law. If you separately obtain credit reports, background checks, eviction records, or any other consumer report from a third-party consumer reporting agency, that activity is governed by the agency's terms and applicable law, and you alone are responsible for compliance with the Fair Credit Reporting Act and all applicable state investigative consumer reporting statutes.
The app is free. You buy Credits to run scans. Credits never expire. You can request a refund on unused Credits at any time — there is no time limit. Each pack purchase is a one-time charge — we never auto-renew or auto-charge you.
The RentalGuards application is free to download, install, and access. To run Guardian scans, you must purchase or be granted Credits. Credit pricing is set forth at rentalguards.com/pricing and within the Service.
Current Credit costs per scan, subject to change with notice:
Credits are sold in discrete packs at the prices posted at rentalguards.com/pricing. Beta-1.0 pricing differs from full-launch pricing; the price applicable to your purchase will be displayed and confirmed at the time of purchase.
RentalGuards may grant complimentary Credits at Account creation. The number of complimentary Credits is set forth at rentalguards.com/pricing. Complimentary Credits have no cash value and are non-refundable.
Credit pack purchases are one-time transactions, not subscriptions. Each purchase of a Credit pack is a discrete, one-time transaction. Your Credit pack is not a subscription, not an automatic renewal, and not a continuous service. RentalGuards will not charge your payment method again unless you return to the Service and place a new, separate Credit pack order, at which point you will be shown the price and terms and required to affirmatively authorize that new charge.
RentalGuards does not auto-renew Credit packs, does not store a recurring billing schedule for your Account, and does not initiate any charge without your express, contemporaneous authorization at the moment of purchase. For the avoidance of doubt, no provision of this Agreement shall be construed as creating an "automatic renewal" or "continuous service" offer within the meaning of New York General Business Law §§ 527 and 527-a, the California Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.), or any analogous state or federal automatic-renewal law.
You are never required to buy additional packs to maintain access to your Account or to preserve any previously purchased Credits.
Credits do not expire. Credits remain available in your Account indefinitely, subject only to (a) Account termination, (b) the refund policy below, and (c) state unclaimed property law.
You may request a refund of unused Credits in your Account at any time until the unused balance is required to be remitted to a state unclaimed property authority under applicable law. Credits do not expire (Section 6.7), and your right to request a refund of unused Credits is not subject to a fixed time limit imposed by RentalGuards.
To request a refund, contact support@rentalguards.com from the email address associated with your Account, or use the in-application refund request flow if available. The minimum refund amount is five U.S. dollars ($5.00). RentalGuards covers all transaction fees associated with refund processing.
(a) Refund requests received within one hundred eighty (180) days of the original Credit pack purchase are processed automatically as a reversal of the original charge to the original payment method.
(b) Refund requests received more than one hundred eighty (180) days after the original Credit pack purchase are processed via electronic transfer to a destination of your choice (typically a debit card or bank account through our payment processor's payout facility), subject to verification of your identity and the chosen destination.
Refund requests are processed within thirty (30) days of receipt of all required information.
RentalGuards may send a courtesy email reminder to Account holders who have unused Credit balances and have not used the Service for an extended period (currently approximately six months of inactivity), advising them of the option to request a refund. This courtesy practice is offered as a service to Users and may be discontinued or modified at any time without notice.
If an unused Credit balance remains on an Account beyond the dormancy period applicable under any state's unclaimed property law, RentalGuards will report and remit the cash value of such balance to the relevant state unclaimed property authority as required by that law. The Account holder may thereafter recover the funds from that authority in accordance with the state's claim procedures.
Credits are deducted upon successful completion of a scan. If a scan fails for technical reasons attributable to RentalGuards (including network failure, model unavailability, or system error), the Credits will be automatically refunded to your Account. Credits consumed by completed scans are non-refundable except as expressly provided in Section 6.8.
On Account deletion, any unused Credits are forfeited unless you submit a refund request prior to deletion in accordance with Section 6.8.
Prices displayed do not include applicable taxes. You are responsible for any sales tax, use tax, value-added tax, or other governmental charge applicable to your Credit purchases.
If you initiate a chargeback, payment reversal, or dispute for any RentalGuards charge through your card issuer, bank, or payment provider, RentalGuards may immediately and without further notice (a) suspend or terminate your Account, (b) revoke any unused Credits associated with the disputed charge, and (c) refuse to provide further services until the chargeback is resolved in our favor or you have paid the disputed amount plus any chargeback fees assessed by our payment processor. You remain liable to RentalGuards for any amount a chargeback deducts from our account, including associated processor fees. RentalGuards reserves the right to contest any chargeback by submitting evidence of your acceptance of these Terms, your use of the Service, and your authorization of the original charge. Before initiating a chargeback, please contact support@rentalguards.com — we resolve almost all billing questions promptly through direct support.
Use RentalGuards for lawful tenant screening and property management. Don't break the law, don't try to break the Service, and don't upload anything you weren't authorized to upload.
You may use the Service only for lawful purposes related to your tenant screening, property management, or rental business activities, and only in accordance with these Terms.
You agree not to:
(a) Use the Service for any unlawful purpose or in violation of any applicable federal, state, local, or international law, including without limitation laws governing fair housing, fair credit reporting, consumer protection, privacy, biometric privacy, data security, or anti-discrimination;
(b) Upload any document, image, or information without all required notices and consents from the individuals identified in or by such material;
(c) Upload any protected health information ("PHI"), medical records, doctor's notes, mental health records, or any document subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or analogous state health-information privacy laws;
(d) Upload genetic information, biometric identifiers, or biometric information of any individual, except for documents you are expressly permitted to upload under Section 8;
(e) Upload child sexual abuse material ("CSAM"), terrorist content, or content that violates the laws of any jurisdiction in which you operate;
(f) Use the Service to discriminate against any person on the basis of race, color, national origin, religion, sex (including gender identity, gender expression, and sexual orientation), familial status, disability, source of income, or any other class protected under federal, state, or local law;
(g) Reverse engineer, decompile, disassemble, or attempt to derive the source code, models, algorithms, or system architecture of the Service, except to the extent applicable law expressly prohibits such restriction;
(h) Probe, scan, or test the vulnerability of the Service or any connected system, or breach any security or authentication measures;
(i) Interfere with, disrupt, or place excessive load on the Service, including by means of denial-of-service attacks, automated bots, scraping, or excessive request volume;
(j) Use the Service to develop, train, or improve any artificial intelligence model that competes with the Service or with the underlying AI service providers identified in our Privacy Policy;
(k) Resell, sublicense, distribute, or commercially exploit access to the Service or its outputs, except as expressly permitted in writing by RentalGuards;
(l) Falsify, misrepresent, or impersonate any person, entity, or relationship in connection with use of the Service;
(m) Use the Service in any manner that violates the Acceptable Use Policy or Prohibited Use Policy of any underlying AI service provider, including the Google Generative AI Prohibited Use Policy at policies.google.com/terms/generative-ai/use-policy and as updated from time to time;
(n) Submit Applicants' documents to the Service in any jurisdiction in which doing so requires a license, registration, or authorization that you do not hold;
(o) Use the Service to make, communicate, or facilitate any decision that constitutes "automated decision-making technology" or a "significant decision" under any applicable law without complying with that law's notice, consent, opt-out, and human-review requirements.
You represent and warrant that you (a) are not located in any country subject to comprehensive U.S. trade sanctions or designated by the U.S. government as a "terrorist supporting" country and (b) are not listed on any U.S. government denied-party list, including the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce's Denied Persons List.
RentalGuards may suspend or terminate your Account immediately and without notice for any actual or suspected violation of this Section 7, in addition to any other remedies available under law or these Terms.
When you scan a photo ID, the face is blacked out on your phone before anything is uploaded. We never see the face. Our AI never sees the face. We don't extract or store any biometric data — ever.
When you upload a photo identification document (such as a driver's license, state-issued ID, passport, or other photo ID), the RentalGuards application performs on-device face detection and redaction before any image data is transmitted from your device. The face photograph is overlaid with an opaque rectangle on your device's local image-processing pipeline. The face image is never transmitted to RentalGuards' servers, our AI service providers, or any third party.
Only the document layout, fonts, hologram placement, field structure, and signs of digital editing or tampering are analyzed. RentalGuards does not request, receive, extract, derive, retain, store, transmit, sell, or disclose any biometric identifier, biometric information, facial geometry, facial template, faceprint, voiceprint, or scan of hand, retina, iris, or other biometric identifier, as such terms are defined under:
(a) the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq. ("BIPA");
(b) the Texas Capture or Use of Biometric Identifier Act, Tex. Bus. & Com. Code § 503.001 ("CUBI");
(c) the Washington Biometric Identifiers Act, RCW 19.375 et seq.;
(d) the Washington My Health My Data Act, RCW 19.373.010;
(e) any state, local, or foreign law providing analogous protection.
The artificial intelligence model is not instructed to analyze, identify, or match any individual based on facial features. The model's output JSON contains no facial recognition data, identity-verification result, or biometric information of any kind. The Service does not perform identity verification, identity matching, liveness detection, or any face-comparison function.
RentalGuards does not sell, share, disclose, or otherwise transfer any photograph or image of any face to any third party for any purpose.
You can only upload an Applicant's documents if you have their permission. We will defend ourselves against claims that arise because you didn't get that permission.
You represent and warrant that, before uploading any Applicant document, image, or personal information to the Service, you have:
(a) obtained all required notices and consents from the Applicant to (i) share such information with RentalGuards, (ii) allow RentalGuards to perform Automated Document Analysis (including artificial intelligence analysis) on such information, and (iii) receive the analysis results from RentalGuards;
(b) complied with all applicable federal, state, and local laws governing tenant screening, applicant consent, applicant disclosure, and applicant authorization, including the Fair Credit Reporting Act and any applicable state investigative consumer reporting statute, biometric privacy law, or comprehensive consumer privacy law;
(c) provided the Applicant with all required disclosures and notices regarding the use of artificial intelligence in evaluating the Applicant's documents, where required by applicable law (including the Colorado Artificial Intelligence Act, Colo. Rev. Stat. § 6-1-1701 et seq., effective June 30, 2026; the California Privacy Rights Act regulations governing automated decisionmaking technology; and any analogous law); and
(d) understand and agree that you will comply with any adverse action notice requirements under federal, state, or local law if information from the Service contributes to an adverse tenancy decision.
You agree to defend, indemnify, and hold harmless RentalGuards from and against any claim, demand, action, suit, proceeding, loss, damage, liability, cost, or expense (including reasonable attorneys' fees) arising out of or relating to any failure by you to obtain any consent, authorization, notice, disclosure, or permission required by Section 9.2, including without limitation any claim brought by an Applicant or other individual whose information you submitted to the Service.
RentalGuards may, in the future, provide an optional in-application feature for generating an applicant-consent document for distribution by you to your Applicants. If made available, use of this feature will be optional. Any such generated document will be offered solely as a starting point and will not constitute legal advice. You will remain solely responsible for the form, content, and use of any consent document, and you are advised to consult your own legal counsel regarding applicant consent requirements applicable to your jurisdiction and use case.
Federal and state law prohibits housing discrimination. RentalGuards is built to support compliance, but you are responsible for following the law. Apply your criteria the same way to every Applicant. Consult an attorney if you're unsure.
The Fair Housing Act, 42 U.S.C. § 3601 et seq., and analogous state and local laws (including the New York State Human Rights Law, N.Y. Exec. Law § 296, and the New York City Human Rights Law, N.Y.C. Admin. Code § 8-101 et seq.) prohibit discrimination in the rental of housing on the basis of race, color, national origin, religion, sex (including gender identity, gender expression, and sexual orientation), familial status, disability, source of income, citizenship status, immigration status, age, marital status, or other class protected under applicable law.
The Service is designed to support Fair Housing compliance:
(a) Fraud Guardian's analysis is limited to document integrity (layout, fonts, hologram placement, field consistency, signs of digital tampering). It does not evaluate, score, or rank any Applicant on the basis of any protected class.
(b) The Service's prompts to its underlying artificial intelligence models expressly direct the models to disregard race, national origin, and other protected characteristics, and to avoid recommendations on whether to rent or not rent.
(c) Output language is constrained to document-authenticity findings.
Notwithstanding the Service's design, you alone are responsible for compliance with all Fair Housing and anti-discrimination laws applicable to your jurisdiction and your business. You must:
(a) Apply your screening criteria consistently to every Applicant;
(b) Document your screening process and the basis for each tenancy decision;
(c) Provide any required adverse action notice if a tenancy decision is based in whole or in part on Service output or any third-party consumer report;
(d) Comply with all applicable disparate-impact analysis and reasonable accommodation obligations;
(e) Comply with the U.S. Department of Housing and Urban Development's guidance on the use of artificial intelligence and automated tenant screening tools.
You acknowledge and agree that all tenancy, leasing, eviction, and rental decisions are made by you, in your sole discretion. RentalGuards is a decision-support tool. You retain full and sole authority and responsibility for every decision concerning every Applicant.
You agree that, where any tenancy decision is based in whole or in part on Service output, you will (a) preserve the Applicant's right to request human review of that decision and (b) honor any such request promptly and in good faith. RentalGuards does not provide adjudicative review of tenancy decisions; that responsibility rests with you.
Almost everything stays on your device. Server-side, we keep your account, your Credit balance, support chat history, and a record of how many scans you've run — nothing more about your scans themselves. If you lose your device, you lose your scan history.
Scan results, ledger entries, asset records, audit logs, and other Guardian data are stored on your device using the local file system. RentalGuards does not retain or have access to this data after the AI scan completes. You may export your local data as a ZIP file at any time from the Settings menu.
RentalGuards stores the following data on its servers:
(a) Account credentials (email, bcrypt-hashed password) and Account metadata (creation date, last login, status);
(b) Credit ledger entries (purchases, deductions, balances);
(c) Support chat conversations through the Service's in-app messaging feature, retained for service continuity;
(d) Limited operational metadata regarding scan requests (timestamp, document type code, pass/fail flag, Credits deducted) — without retention of the document content or scan output;
(e) Communications you send to support@rentalguards.com or other RentalGuards email addresses.
YOU ACKNOWLEDGE AND AGREE THAT GUARDIAN DATA IS STORED ON YOUR DEVICE ONLY. LOSS OF YOUR DEVICE, DEVICE FAILURE, DELETION OF APPLICATION DATA, UNINSTALLATION OF THE SERVICE, OPERATING SYSTEM REINSTALLATION, FACTORY RESET, OR ANY OTHER EVENT THAT REMOVES THE APPLICATION OR ITS DATA FROM YOUR DEVICE WILL RESULT IN PERMANENT LOSS OF GUARDIAN DATA. RENTALGUARDS CANNOT RECOVER LOCAL DATA. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS VIA THE EXPORT FUNCTION OR ANY OTHER MEANS YOU SELECT.
You may delete your Account at any time from the Settings menu or by emailing privacy@rentalguards.com. Upon deletion:
(a) Your Account credentials and server-side data are permanently erased within thirty (30) days, except as RentalGuards is required to retain them by applicable law;
(b) Local Guardian data on your device is not affected by Account deletion. To remove local data, you must uninstall the Service from your device or manually delete the application data;
(c) Any unused Credits are forfeited unless you request a refund before deletion in accordance with Section 6.8.
You may export your data, including local Guardian data and Account data, as a ZIP file at any time from the Settings menu.
Our handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understand the Privacy Policy.
RentalGuards and its licensors retain all right, title, and interest in and to the Service, including all software, models, prompts, designs, trademarks, trade names, copyrights, patents, trade secrets, and other intellectual property. No license or other right is granted to you except as expressly set forth in these Terms.
You retain ownership of Customer Data. You grant RentalGuards a non-exclusive, royalty-free, worldwide license to host, store, process, transmit, and analyze Customer Data solely as necessary to provide the Service and as further described in our Privacy Policy. RentalGuards does not use Customer Data to train artificial intelligence models, and the AI service providers we use are contractually prohibited from using Customer Data to train their own models, as further described in our Privacy Policy.
If you provide RentalGuards with any suggestion, idea, recommendation, comment, feedback, or other input regarding the Service ("Feedback"), you grant RentalGuards a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, display, distribute, and create derivative works of the Feedback for any lawful purpose, without obligation or attribution to you. Feedback is provided voluntarily and is not confidential.
"RentalGuards," the RentalGuards logo, "Fraud Guardian," "Maintenance Guardian," "Finance Guardian," and related marks are trademarks or service marks of RentalGuards LLC. You may not use these marks without RentalGuards' prior written consent.
If you believe content uploaded by another user infringes your copyright, send a takedown notice to our DMCA agent. If we receive a complaint about your content, we'll let you know and remove it; you can dispute through a counter-notice.
RentalGuards has designated an agent to receive notifications of claimed copyright infringement under 17 U.S.C. § 512(c)(2). The Designated Agent is registered with the U.S. Copyright Office, Registration Number DMCA-1071864.
Designated Agent Contact:
To file a takedown notice, send a written notification to the Designated Agent that includes:
(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Identification of the material claimed to be infringing and information sufficient to permit RentalGuards to locate the material;
(d) Your contact information (address, telephone number, email);
(e) A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
(f) A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the right that is allegedly infringed.
If you believe material you submitted was wrongly removed, you may submit a counter-notification under 17 U.S.C. § 512(g) to the Designated Agent.
RentalGuards has adopted, and will reasonably implement, a policy of terminating the Accounts of users who are determined to be repeat infringers in appropriate circumstances, as required by 17 U.S.C. § 512(i)(1)(A).
You acknowledge that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing or was wrongly removed may be subject to liability for damages, including costs and attorneys' fees.
RentalGuards is provided "as is." AI can make mistakes. Read this section carefully — it limits our liability for damages. Even so, we'll always treat you fairly.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RENTALGUARDS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (C) ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, COMPLETE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ARTIFICIAL INTELLIGENCE OUTPUTS ARE PROBABILISTIC AND MAY CONTAIN ERRORS, FALSE POSITIVES, OR FALSE NEGATIVES. RENTALGUARDS DOES NOT WARRANT THAT THE SERVICE WILL DETECT ALL FRAUDULENT DOCUMENTS, IDENTIFY ALL DOCUMENT ALTERATIONS, OR PRODUCE OUTPUTS THAT ARE ACCURATE OR COMPLETE. YOU SHOULD NOT RELY ON THE FACTUAL ACCURACY OF ANY ARTIFICIAL INTELLIGENCE OUTPUT GENERATED BY THE SERVICE.
NOTHING IN THE SERVICE CONSTITUTES LEGAL ADVICE, TAX ADVICE, FINANCIAL ADVICE, ACCOUNTING ADVICE, ENGINEERING ADVICE, OR ANY OTHER PROFESSIONAL ADVICE. RENTALGUARDS DOES NOT EMPLOY ATTORNEYS, ACCOUNTANTS, TAX PROFESSIONALS, OR LICENSED ENGINEERS TO ADVISE YOU. CONSULT A QUALIFIED PROFESSIONAL BEFORE TAKING ANY ACTION BASED ON SERVICE OUTPUT.
RENTALGUARDS DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE COMPLIANT WITH ANY FEDERAL, STATE, LOCAL, OR FOREIGN LAW APPLICABLE TO YOUR BUSINESS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHAT LAWS APPLY TO YOU AND FOR COMPLYING WITH THEM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL RENTALGUARDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, OR YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF RENTALGUARDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
(B) IN NO EVENT SHALL RENTALGUARDS' AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS EXCEED THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU TO RENTALGUARDS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (II) ONE HUNDRED U.S. DOLLARS ($100).
The limitations in this Section 15 do not apply to: (a) RentalGuards' indemnification obligations under Section 16; (b) damages caused by RentalGuards' gross negligence, willful misconduct, or fraud; (c) violations of intellectual property rights by RentalGuards; or (d) any liability that cannot be excluded or limited under applicable law.
You acknowledge that the disclaimers and limitations of liability in this Section 15 are an essential basis of the bargain between you and RentalGuards, that RentalGuards would not provide the Service without them, and that they apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. If any provision of this Section 15 is held unenforceable in your jurisdiction, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force.
You agree to defend, indemnify, and hold harmless RentalGuards, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any third-party claim, demand, action, suit, proceeding, loss, damage, liability, judgment, settlement, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:
(a) Your use or misuse of the Service;
(b) Your violation of these Terms;
(c) Your violation of any law, regulation, or third-party right, including without limitation any Applicant's privacy, biometric, or consumer-protection rights;
(d) Any content, document, image, or information you submit to the Service;
(e) Your failure to obtain any consent or authorization required by Section 9.
RentalGuards reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defense.
If we have a dispute, we'll first try to work it out informally for sixty days. If that doesn't resolve it, we both agree to use binding arbitration instead of court — except for small-claims matters. Class actions are not allowed. You can opt out of arbitration within thirty days of accepting these Terms.
This Section 17 contains a binding arbitration clause and a class action waiver. By accepting these Terms, you agree that disputes between you and RentalGuards will be resolved through binding individual arbitration rather than in court, except as provided below.
Before initiating arbitration, the party raising a dispute (the "Claimant") must provide written notice to the other party describing the dispute and the relief sought ("Notice of Dispute"). Notice to RentalGuards must be sent to legal@rentalguards.com. Notice to you will be sent to the email address associated with your Account.
For sixty (60) days after the Notice of Dispute is sent, the parties shall attempt in good faith to resolve the dispute through informal negotiation. During this period, either party may request a live videoconference or telephone settlement conference with a representative of the other party. The parties agree to participate in any such requested conference within a reasonable time. No arbitration may be commenced before completion of this informal dispute resolution process.
If the dispute is not resolved within sixty (60) days of the Notice of Dispute, either party may initiate binding individual arbitration, which will be the exclusive forum for resolution.
(a) Administrator and Rules. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (including, where applicable, the AAA Mass Arbitration Supplementary Rules). If AAA declines to administer the arbitration, the parties shall mutually select another reputable arbitration provider; if they cannot agree, JAMS under its Streamlined Arbitration Rules shall administer.
(b) Arbitrator. A single arbitrator shall be appointed in accordance with the applicable AAA rules.
(c) Location and Format. Arbitration shall be conducted in New York County, New York, or, at the Claimant's election, by videoconference or telephone, or by submission of papers only.
(d) Non-Appearance Arbitration for Small Claims. For claims of less than twenty-five thousand U.S. dollars ($25,000), the arbitration shall be conducted on the basis of written submissions only, unless the Claimant requests a hearing.
(e) Discovery and Proceedings. Discovery and proceedings shall be conducted as provided by the applicable AAA rules. Each party shall bear its own attorneys' fees and costs except as provided in Section 17.6.
(f) Award. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Neither party shall have a right to appeal an arbitral award except on the grounds permitted under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Any appeal right granted to one party shall be granted equally to the other.
Arbitration filing fees, administrative fees, and arbitrator fees shall be paid in accordance with the applicable AAA fee schedule. RentalGuards shall pay all such fees in excess of those that would have been charged in a comparable court action, except that the arbitrator may apportion fees and costs as authorized by applicable rules and law in cases of bad-faith filing.
If twenty-five (25) or more substantially similar individual arbitration claims are filed against RentalGuards within a sixty-day (60) period (a "Mass Filing"), the parties and the AAA may agree to batch such claims for administrative efficiency. No determination, finding, or ruling made in any individual claim within a Mass Filing shall bind any other claimant. Each claimant shall retain full individual rights to discovery, briefing, hearing, and (where authorized) appeal within their own claim. Nothing in this Section 17.7 modifies the substantive rights or remedies of any individual claimant.
YOU AND RENTALGUARDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding, except as expressly permitted under Section 17.7.
Notwithstanding anything in this Section 17, either party may bring an individual claim in any small-claims court of competent jurisdiction for any matter within that court's jurisdictional limit, in lieu of arbitration. A small-claims action does not waive any party's right to compel arbitration of related or successive claims.
Notwithstanding anything in this Section 17, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights pending the outcome of arbitration.
You may opt out of the arbitration agreement in this Section 17 by sending written notice to legal@rentalguards.com within thirty (30) days of first accepting these Terms. Your notice must include your full name, the email address associated with your Account, and a clear statement that you are opting out of the arbitration agreement. Opting out will not affect any other provision of these Terms.
If RentalGuards makes any material change to this Section 17, RentalGuards will provide notice to you and an opportunity to opt out of the changed arbitration provisions within thirty (30) days of the change. Continued use of the Service after expiration of the opt-out window constitutes acceptance.
If any provision of this Section 17 is found unenforceable, the remaining provisions shall remain in full force, except that if Section 17.8 (Class Action Waiver) is found unenforceable as to any claim, that claim shall be heard in court (and not in arbitration), and all other claims shall remain subject to arbitration.
This Section 17 shall survive termination of these Terms or your Account.
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Subject to Section 17, any judicial action permitted hereunder shall be brought exclusively in the state or federal courts located in New York County, New York, and you and RentalGuards consent to the personal jurisdiction of such courts.
You may terminate these Terms and your Account at any time by deleting your Account through the Settings menu or by emailing privacy@rentalguards.com.
RentalGuards may suspend or terminate your Account or these Terms at any time, with or without cause, with or without notice, including for any violation of these Terms. RentalGuards may, in its sole discretion, refuse to provide the Service to any person.
On termination:
(a) Your right to access the Service ends immediately;
(b) Sections 6.10 (forfeiture of unused Credits, subject to Section 6.8 refund rights), 11 (data and storage), 13 (intellectual property), 15 (disclaimers and limitations of liability), 16 (indemnification), 17 (dispute resolution), 18 (governing law), 19.3, 20 (general provisions), 21 (accessibility), and any other provision that by its nature should survive shall survive termination.
If RentalGuards permanently discontinues the Service, RentalGuards will provide a reasonable wind-down period to enable you to export your data and request a refund of unused Credits in accordance with Section 6.8. RentalGuards will use commercially reasonable efforts to provide at least sixty (60) days' notice of any permanent discontinuation.
These Terms, together with the Privacy Policy and any agreements expressly incorporated by reference, constitute the entire agreement between you and RentalGuards regarding the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.
RentalGuards may modify these Terms from time to time. Modifications will be posted at rentalguards.com/terms with an updated "Last Updated" date. Material modifications will be communicated to you in-app or by email. Continued use of the Service after the effective date of any modification constitutes acceptance.
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.
No waiver of any provision of these Terms shall be effective unless in writing and signed by RentalGuards. No failure or delay by RentalGuards in exercising any right shall operate as a waiver.
You may not assign these Terms or any rights or obligations hereunder without RentalGuards' prior written consent. RentalGuards may freely assign these Terms in connection with a merger, acquisition, sale of assets, or other corporate transaction.
These Terms do not create any third-party beneficiary rights. No person or entity not a party to these Terms shall have any right to enforce any provision.
Nothing in these Terms creates any agency, partnership, joint venture, employment, franchise, or other fiduciary relationship between you and RentalGuards. Neither party has authority to bind the other.
Neither party shall be liable for any failure or delay in performance arising out of any cause beyond its reasonable control, including without limitation acts of God, natural disasters, war, terrorism, pandemic, governmental action, labor disputes, internet or telecommunications failures, electrical failures, denial-of-service attacks, or third-party service provider outages.
Notices to RentalGuards shall be sent to legal@rentalguards.com. Notices to you may be sent to the email address associated with your Account or posted in the Service. Notices are deemed effective upon transmission to the relevant email address (if no bounce-back is received) or upon posting.
Section headings are for convenience only and do not affect interpretation.
These Terms shall be interpreted in accordance with their plain meaning. No rule of construction shall be applied against the drafter.
RentalGuards will not enter into any class settlement that purports to release your individual claims without your individual consent.
We've built RentalGuards to be usable by people with disabilities. If you encounter a problem or need an accommodation, contact us at accessibility@rentalguards.com.
RentalGuards is committed to making the Service accessible to all users, including individuals with disabilities. We have designed the Service with the goal of conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.
If you encounter an accessibility barrier or require an accommodation in your use of the Service, please contact us at accessibility@rentalguards.com. We will respond within five (5) business days and work in good faith to provide a reasonable accommodation.
For questions, concerns, or requests regarding these Terms or the Service:
RentalGuards LLC